Texas 2025 - 89th Regular

Texas Senate Bill SB1472 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R12586 MCF-D
2	2	By: Hall S.B. No. 1472
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to assisted living facilities allowing residents to
10	10	designate an advocate.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 247.0011(b), Health and Safety Code, is
13	13	amended to read as follows:
14	14	(b) The executive commissioner shall protect residents of
15	15	assisted living facilities by:
16	16	(1) adopting rules relating to quality of care and
17	17	quality of life; and
18	18	(2) adopting rules relating to the assessment of the
19	19	condition and service needs of each resident, including the
20	20	designation of an advocate for the resident.
21	21	SECTION 2. Section 247.002, Health and Safety Code, is
22	22	amended by amending Subdivision (1) and adding Subdivision (1-a) to
23	23	read as follows:
24	24	(1) "Advocate" means an individual who advocates on
25	25	behalf of a resident, including:
26	26	(A) the resident's spouse, family member,
27	27	companion, or guardian;
28	28	(B) the parent, legal custodian, or guardian of
29	29	a resident under 18 years of age;
30	30	(C) an agent the resident designates under a
31	31	durable power of attorney for health care; and
32	32	(D) an individual a court appoints to act as the
33	33	resident's guardian.
34	34	(1-a) "Assisted living facility" means an
35	35	establishment that:
36	36	(A) furnishes, in one or more facilities, food
37	37	and shelter to four or more persons who are unrelated to the
38	38	proprietor of the establishment;
39	39	(B) provides:
40	40	(i) personal care services; or
41	41	(ii) administration of medication by a
42	42	person licensed or otherwise authorized in this state to administer
43	43	the medication;
44	44	(C) may provide assistance with or supervision of
45	45	the administration of medication;
46	46	(D) may provide skilled nursing services for the
47	47	following limited purposes:
48	48	(i) coordination of resident care with
49	49	outside home and community support services agencies and other
50	50	health care professionals;
51	51	(ii) provision or delegation of personal
52	52	care services and medication administration as described by this
53	53	subdivision;
54	54	(iii) assessment of residents to determine
55	55	the care required; and
56	56	(iv) for periods of time as established by
57	57	department rule, delivery of temporary skilled nursing treatment
58	58	for a minor illness, injury, or emergency; and
59	59	(E) may provide health maintenance activities as
60	60	defined by rule by the Texas Board of Nursing.
61	61	SECTION 3. Section 247.021(d), Health and Safety Code, is
62	62	amended to read as follows:
63	63	(d) The executive commissioner by rule shall establish
64	64	procedures to issue a six-month provisional license to existing
65	65	facilities with residents. The department may issue a provisional
66	66	license if:
67	67	(1) the facility is in compliance with resident care
68	68	standards;
69	69	(2) the facility voluntarily discloses that the
70	70	facility needs additional time to comply with life safety code and
71	71	physical plant standards;
72	72	(3) the disclosure is made in writing by certified
73	73	mail to the department;
74	74	(4) an investigation of the violation was not
75	75	initiated and the violation was not independently detected by the
76	76	department; [and]
77	77	(5) the disclosure is made promptly after knowledge of
78	78	the information disclosed is obtained by the facility; and
79	79	(6) the facility adopts advocate policies and
80	80	procedures in accordance with Section 247.073 and rules adopted
81	81	under that section.
82	82	SECTION 4. Section 247.064(b), Health and Safety Code, is
83	83	amended to read as follows:
84	84	(b) The residents' bill of rights must provide that each
85	85	resident in the assisted living facility has the right to:
86	86	(1) manage the resident's financial affairs;
87	87	(2) determine the resident's dress, hair style, or
88	88	other personal effects according to individual preference, except
89	89	that the resident has the responsibility to maintain personal
90	90	hygiene;
91	91	(3) retain and use personal property in the resident's
92	92	immediate living quarters and to have an individual locked cabinet
93	93	in which to keep personal property;
94	94	(4) receive and send unopened mail;
95	95	(5) unaccompanied access to a telephone at a
96	96	reasonable hour or in case of an emergency or personal crisis;
97	97	(6) privacy;
98	98	(7) unrestricted communication, including personal
99	99	visitation with any person of the resident's choice, at any
100	100	reasonable hour, including family members and representatives of
101	101	advocacy groups and community service organizations;
102	102	(8) make contacts with the community and to achieve
103	103	the highest level of independence, autonomy, and interaction with
104	104	the community of which the resident is capable;
105	105	(9) present grievances on behalf of the resident or
106	106	others to the operator, state agencies, or other persons without
107	107	threat of reprisal in any manner;
108	108	(10) a safe and decent living environment and
109	109	considerate and respectful care that recognizes the dignity and
110	110	individuality of the resident;
111	111	(11) refuse to perform services for the facility,
112	112	except as contracted for by the resident and operator;
113	113	(12) practice the religion of the resident's choice;
114	114	(13) leave the facility temporarily or permanently,
115	115	subject to contractual or financial obligations; [and]
116	116	(14) not be deprived of any constitutional, civil, or
117	117	legal right solely by reason of residence in an assisted living
118	118	facility; and
119	119	(15) designate an advocate in accordance with Section
120	120	247.073 and rules adopted under that section.
121	121	SECTION 5. Subchapter D, Chapter 247, Health and Safety
122	122	Code, is amended by adding Section 247.073 to read as follows:
123	123	Sec. 247.073. ADVOCATE DESIGNATION POLICIES AND
124	124	PROCEDURES. (a) The executive commissioner by rule shall require
125	125	each assisted living facility to develop and implement policies
126	126	providing each resident an opportunity to designate an advocate for
127	127	whom the facility will provide meaningful in-person access to the
128	128	resident, specifically during the resident's final days of life,
129	129	regardless of any declared public health disaster or emergency
130	130	restricting in-person visitation.
131	131	(b) The policies and procedures described by Subsection (a)
132	132	may not:
133	133	(1) require or coerce a resident to waive the
134	134	resident's rights under this section;
135	135	(2) require the resident's visits with the designated
136	136	advocate to be virtual; or
137	137	(3) authorize an individual to serve as an advocate
138	138	for a resident if a court found the individual abused the resident
139	139	or the facility determines the individual poses a serious risk to
140	140	the resident.
141	141	(c) The facility shall provide and explain the policies and
142	142	procedures described by Subsection (a) to each resident:
143	143	(1) during the facility's admission process; and
144	144	(2) before the facility implements any changes to the
145	145	policy.
146	146	SECTION 6. As soon as practicable after the effective date
147	147	of this Act, the executive commissioner of the Health and Human
148	148	Services Commission shall adopt rules as necessary to implement
149	149	Section 247.073, Health and Safety Code, as added by this Act.
150	150	SECTION 7. This Act takes effect immediately if it receives
151	151	a vote of two-thirds of all the members elected to each house, as
152	152	provided by Section 39, Article III, Texas Constitution. If this
153	153	Act does not receive the vote necessary for immediate effect, this
154	154	Act takes effect September 1, 2025.